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New regulations for government employees’ night shift differential compensation

The law giving government workers night shift differential pay has been announced as well as the implementing rules and regulations (IRR) by the Civil Service Commission (CSC).

The commission highlighted in a statement on Monday that Republic Act (RA) 11701 grants salary premium to government employees, including those in government-owned or controlled organizations (GOCCs), who are holding positions or things equivalent to division head and below.

No matter the state of their appointment, whose regular business hours are from 6 p.m. to 6 a.m. the following day, this applies.

As officers-in-charge of executive or managerial positions who are nevertheless required to adhere to the work hours between 6 p.m. and 6 a.m. on the following day, incumbents of division chief positions and below or their equivalent are also eligible for the premium.

Malaki ang pasasalamat niya sa ating mga medical staff, air traffic controllers, mga nasa immigration, customs, emergency communications, at marami pang iba na nagta-trabaho sa night shift. The CSC’s Karlo Nograles said, “We applaud our medical staff, air traffic controllers, those in immigration, customs, emergency communications, and other night shift workers.

They are the civil servants, or servant heroes, who make sure that government service is provided day and night, according to the phrase “Sila ang mga lingkod bayan, o lingkod bayani, na sumisigurong tuluy-tuloy ang pagbibigay ng serbisyo ng pamahalaan, mapa-araw man o gabi.”

He noted that the law allowing night shift differential pay is an extra benefit that employees who are needed to keep government operations functioning around-the-clock deserve.

However, the law does not apply to those who work for the government on a regular basis between the hours of 6 a.m. and 6 p.m., to those whose services are required or who are on call around-the-clock, such as uniformed personnel and others as may be determined by the CSC and the Department of Budget and Management (DBM), and to those who are employed under a job order or contract of service.

According to the head of agency’s approval, the night shift differential compensation cannot be more than 20% of the employee’s hourly base rate. For employees in the public health field, the rate cannot be less than 10% of their hourly basic wage.

In the case of national government agencies, the necessary funds for the initial implementation of the law and rules shall be deducted from the existing appropriations; in the case of local government units, the necessary funds shall be deducted from their respective funds in accordance with Sections 325 and 331 of the Local Government Code of 1991; and in the case of GOCCs and their subsidiaries, the necessary funds shall be deducted from their respective corporate funds.

In addition to exploring additional potential benefits that may be permissible under civil service, budget, audit, and accounting rules and regulations, Nograles advised government agencies to develop and adopt internal rules and processes on the grant of the night shift differential pay.

On April 13, 2022, former president Rodrigo R. Duterte ratified RA 11701.

On February 6 and 9, its IRR was printed in two publications with wide readership.

It will go into effect on February 24 or 15 days after it is published.

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